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  5. Guardian ad litem: Weak link in family law cases?

Guardian ad litem: Weak link in family law cases?

On Behalf of Ed Shaw Law | Oct 13, 2016 | Custody, Family Law, Parents Rights |

I have written before about the serious problems with the guardian ad litem program in this area. For those of you who have not worked with a guardian, their job, in a nutshell is to investigate child custody or visitation dispute and make a recommendation to the court about where a child should live, and how often they should see their parents.

The City Pages, a newspaper out of the twin cities ran a story about the need for major reforms to the Guardian ad Litem program, focusing on the metro area. Unfortunately, most of the problems identified in the story exist here to. Guardians are inadequately trained, they are only required to complete a 40 hour program, they are rarely held accountable, there is no independent authority where complaints can be made, and judges usually follow the recommendation of the guardian.

No one wants to make custody decisions in contested cases, it is easy for the court system to defer the decision making to guardians in most cases. The problem is that guardians, despite having good intentions in most cases, are frankly not qualified to make many of the recommendations that they make. The court system needs to either make significant improvements to the guardian program to make it able to do the job it is given, or stop relying on it. Entrusting the most important job in the legal system to people who are often not qualified to do it as we are doing now is the worst case scenario.

What is the difference between legal and physical custody?

On Behalf of Ed Shaw Law | Apr 23, 2025 | Family Law

If you're going through a custody issue in Minnesota, it's important to understand the difference between legal and physical custody. These terms may sound similar, but they each play a different role in your child's life. Understanding legal custody Legal custody...

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JAIL PHONES

by Edward Shaw | Apr 4, 2025 | Criminal Defense

Many of you have seen movies involving phone calls from a jail or prison, maybe some of you have gotten calls from a jail or prison.  If you have, you may be familiar with the message that often plays 'This call is from a correctional institution and may be...

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EXPERT WITNESSES

On Behalf of Ed Shaw Law | Mar 27, 2025 | Firm News

Most people outside of the legal system have never heard of expert witnesses, a critical part of the legal system.  Unlike regular witnesses, who can testify about what they observed or heard, experts can offer opinions.  Experts are used to explain a variety of...

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Contracts for Deed

by Edward Shaw | Mar 12, 2025 | Business Law

They are an alternative method of financing the purchase and sale of property.  Instead of the buyer getting a bank loan, payments are made to the seller.  The arrangement has its advantages, by taking payments over time a seller can in some cases save on taxes. ...

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WHEN DO YOUR RIGHTS HAVE TO BE READ TO YOU

by Edward Shaw | Jan 31, 2025 | General Law

I have written on this topic before, but, because it is a source of a lot of misunderstanding among the general public, it needs more attention. Police shows for decades have shown people being arrested and read the Miranda warning, 'their rights', you have the right...

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When can you sue someone for something they say?

by Edward Shaw | Jan 24, 2025 | Civil Law, General Law

Free speech is a cornerstone of our society, for good reasons.  A democracy depends on people being able to express their opinions about anybody, and anything.  Even the richest and most powerful in society can be criticized by any citizen in a free society. Like all...

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MONEY AND DIVORCE

On Behalf of Ed Shaw Law | Jan 13, 2025 | Firm News

When divorces are tough there are usually issues with money.  The rules on dividing assets, money, real estate, vehicles, anything of value, are simple, it is generally divided equally, regardless of who earned it, or whose name is on it.  The exception is...

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Tips for co-parents to keep the holiday season peaceful and joyous

On Behalf of Ed Shaw Law | Dec 6, 2024 | Custody

Co-parenting presents challenges throughout the year, but the holiday season can amplify these difficulties, even for those who maintain a cordial relationship with their former spouse. From Thanksgiving through the end of the year, the added stress of coordinating...

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Home For The Holidays

by Edward Shaw | Nov 27, 2024 | Firm News

It happens every year in the family court business, separated parents fighting over where the kids will be for the holidays.  The holiday season has its challenges to begin with, the stress or organizing get togethers, figuring out where people will be, traveling with...

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THE WHEELS OF JUSTICE GRIND SLOWLY

by Edward Shaw | Nov 1, 2024 | General Law

I watch very little TV, but the shows that I have seen about the legal system vary in how accurate they are, some are almost completely fantasy, others were clearly put together by people who have worked in the legal system and are pretty accurate. Almost all of the...

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Recent Posts

  • What is the difference between legal and physical custody?
  • JAIL PHONES
  • EXPERT WITNESSES
  • Contracts for Deed
  • WHEN DO YOUR RIGHTS HAVE TO BE READ TO YOU

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